Formella and Scanlan are both Republicans.
In New Hampshire, Attorney General John Formella and Secretary of State David Scanlan issued a joint statement this week reporting they were examining the matter and that Formella's office is "reviewing the legal issues involved" at Scanlan’s request. The headline for their piece summed up the case: “The Constitution Prohibits Trump From Ever Being President Again.” The pair added, “The only question is whether American citizens today can uphold that commitment.”Īnd disqualification is not just an academic exercise. Michael Luttig, a former federal judge and prominent conservative jurist, and Laurence Tribe, the liberal-minded Harvard constitutional law professor, endorsed this paper and its conclusion. It can and should be enforced by every official, state or federal, who judges qualifications.” Thomas Law School-both Federalist Society members!-wrote a long article for the University of Pennsylvania Law Review that concludes this provision of the Constitution “disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.” Their paper notes, “Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. Two conservative law professors-William Baude of University of Chicago Law School and Michael Stokes Paulsen of University of St. The disqualification solution has received hefty support in recent weeks. Just as if he failed to meet the only three requirements in the Constitution for jobseekers interested in the top position: be 35 or older, a “natural-born” citizen, and a resident of the United States for at least 14 years. So-poof!-he’s not qualified to serve as president.
Seems fair.ĭonald Trump supported the insurrectionist January 6 riot and plotted to subvert the constitutional order. ” Pretty straightforward, right? You swear an oath to defend the Constitution, you assist an insurrection, and you don’t get to serve in the government. Section 3 of the 14th Amendment of our cherished Constitution plainly states that no person can hold any federal or state office if he or she has previously taken an oath as a government official to support the Constitution and has “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. And you probably have heard pundits or social media posters discuss this shortcut to de-Trumpifying American politics. Maybe a bucket of water that can destroy the wicked witch.
There’s a magic spell that can rid the nation of the Trump curse, a miracle cure for the Trump infection, a silver bullet…well, we don’t want to use such a metaphor.
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